Santosh Mahto vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Learned counsel for the appellants submits that the informant namely Sonu Kumar Das has left for his heavenly abode on 03.07.2023 and the death certificate is annexed as Annexure-3 and the statement to that effect has been made in paragraph no.7 of the memo of appeal. He submits that there is no substitution before the learned trial court.

In view of above, this appeal is being heard in absence of the informant.

Heard learned counsel for the appellants as well as learned counsel for the respondent State.

This appeal has been preferred against the order dated 22.06.2024 passed by the learned Additional Sessions Judge-VI, Hazaribagh, in A.B.P. No.982 of 2024, arising out of Katkamdag (ST/SC) P.S. Case No.25 of 2022 for the offences under sections 147, 149, 323, 324, 354, 504, 506 of IPC and section 3(i)(s) of SC/ST (Prevention of Atrocities) Act, 1989 whereby the learned court has rejected the anticipatory bail petition of the appellants, pending in the court of learned A.D.J.-VI-Cum- Special Judge, SC/ST Act, Hazaribagh.

Learned counsel for the appellants submits that falsely the case has been registered and even the section under the SC/ST (Prevention of Atrocities) Act, 1989, has been inserted. He submits that now the compromise has been reached between the parties by way of Annexure-4. He submits that the said compromise is made by wife of the informant. He submits that falsely the entire family members have been made accused. He submits that there is business rivalry between the parties.

The learned counsel for the respondent State submits that it appears that the informant has left for his heavenly abode in view of Annexure-3 and he is not disputing the compromise as contained in Annexure-4.

In view of above and considering the Annexure-3, it transpires that there is compromise and the matter is arising out of business rivalry, I am inclined to grant anticipatory bail to the appellants.

Accordingly, the appellants, above named, are hereby directed to surrender before the learned court concerned within three weeks from today, and in the event of their surrender/arrest, the appellants, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned A.D.J.-VI-Cum-Special Judge, SC/ST Act, Hazaribagh in connection with Katkamdag (ST/SC) P.S. Case No.25 of 2022, subject to the conditions that appellants shall not, directly or indirectly, make any inducement, threat or undue influence to the prosecution witnesses and the appellants shall appear before the trial court on each and every date given to them by the said learned court till the disposal of the trial.

This appeal is allowed and disposed of and the impugned order dated 22.06.2024 passed in A.B.P. No.982 of 2024 in connection with Katkamdag (ST/SC) P.S. Case No.25 of 2022 is hereby set-aside.

Pending petition, if any, also stands disposed of accordingly.